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Parliamentary Salaries and Allowances (Amendment) Act 1981

REPUBLIC OF NAURU

PARLIAMENTARY SALARIES AND ALLOWANCES (AMENDMENT) ACT 1981

(No. 5 of 1981)

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PARLIAMENTARY SALARIES AND ALLOWANCES (AMENDMENT) ACT 1981

(No. 5 of 1981)

ARRANGEMENT OF SECTIONS

Section

1 Short Title
2 The Principal Act
3 New Section 2A of the Principal Act
4 New Sections 8A, 8B and 8C of and New Schedules to the Principal Act

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PARLIAMENTARY SALARIES AND ALLOWANCES (AMENDMENT) ACT 1981

(No. 5 of 1981)

AN ACT

To amend the Parliamentary Salaries and Allowances Act 1971-1975.

(Certified: 30/11/1981)

Enacted by the Parliament of Nauru as follows –

SHORT TITLE

1. This Act may be cited as the Parliamentary Salaries and Allowances (Amendment) Act 1981.

THE PRINCIPAL ACT

2. (1) In this Act, "the principal Act" means the Parliamentary Salaries and Allowances Act 1971-1975.

(2) The principal Act as amended by this Act may be cited as the Parliamentary Salaries and Allowances (Amendment) Act 1971-1981.

NEW SECTION 2A OF THE PRINCIPAL ACT

3. The principal Act is amended by the insertion therein immediately after section 2 of the following new section heading and section 2A –

"INTERPRETATION

2A In this Act –

"mid-point of" in relation to a scale mentioned in this Act means –

(a) in relation to a scale which has an odd number of points, that point of that scale which has an equal number of points of that scale above it and below it; but

(b) in relation to a scale which has an even number of points, that amount which represents the average of the first and last points of that scale; and

"Nauruan AP7 scale" means the scale of salary under that description which on the fourteenth day of November 1981 was, pursuant to approval by the Minister responsible for the Public Service under the Public Service Act 1961-1979, in use for the purpose of remuneration of permanent officers of the Public Service, and includes any increases or alterations in that scale from time to time (whether before or after that date) so approved or if there shall cease to be a scale so described, means the scale of salary then approved, and however described, from time to time applicable to the remuneration of a permanent officer occupying a position on the highest scale below that on which a Director, other than a Director who is the permanent head of a Department of the Public Service, is for the time being remunerated."

NEW SECTIONS 8A, 8B AND 8C OF AND NEW SCHEDULES TO THE PRINCIPAL ACT.

4. (1) The principal Act is amended by the insertion therein immediately after section 8 thereof of the following three new section headings and new sections 8A, 8B and 8C.

"INCREASE OF SALARIES AND ALLOWANCES

8A Notwithstanding anything to the contrary heretofore in this Act contained, on and after the first day of July 1975, and except as provided in paragraph (f) –

(a) the allowance payable to Members of Parliament under subsection (1) of section 5 of this Act shall be as prescribed by the First Schedule to this Act;

(b) the allowance payable to Members of Parliament to whom subsection (3) of section 5 of this Act applies shall be as prescribed by the Second Schedule to this Act;

(c) the allowance payable to the Speaker under subsection (2) of section 6 of this Act shall be as prescribed by the Third Schedule to this Act;

(d) the allowance payable to the Deputy Speaker under subsection (3) of section 6 of this Act shall be as prescribed by the Fourth Schedule to this Act;

(e) the salary payable to the President under sub-section (1) of section 7 of this Act shall be as prescribed by the Fifth Schedule to this Act;

(f) the Acting allowance payable to a Minister under subsection (2) of section 7 of this Act shall on and after fifteenth day of November 1981 be at the rate of the annual difference between the salary payable to him under this Act and six-sevenths of the salary payable to the President under this Act; and

(g) the salary payable to a Minister of the Cabinet under subsection (1) of section 8 of this Act shall be as prescribed by the Sixth Schedule to this Act."

"ENTERTAINMENT ALLOWANCES

8B The entertainment allowances provided for by sections 5(2), 6(4), 6(5),7(2) and 8(2) of this Act shall, on and after the first day of July 1975 be of such amounts as are provided in the appropriation legislation of the Republic."

"RETROSPECTIVE PAYMENTS

8C Where, as a result of the enactment of section 8A, an allowance or salary, having been retrospectively increased, is greater than it would have been if that section had not been enacted, the difference between the salary or allowance otherwise payable and the salary or allowance payable by virtue of that section shall be paid to the person who would have been entitled to receive it if section 8A had, at the relevant time, been in force but if he is dead, it shall be paid to the persons entitled to his personal estate."

(2) The principal Act is further amended by the addition thereto of the following First, Second, Third, Fourth, Fifth and Sixth Schedules –

"THE FIRST SCHEDULE

(Section 8A)

ALLOWANCES PAYABLE TO MEMBERS OF PARLIAMENT UNDER SECTION 5(1)

Whichever is the greater of –

(1) The allowance mentioned in subsection (1) of section 5 of this Act; and

(2) That allowance divided by 7,000 and multiplied by the mid-point for the time being of the Nauruan AP7 scale."

"SECOND SCHEDULE

(Section 8A)

ALLOWANCES PAYABLE TO MEMBERS OF PARLIAMENT UNDER SECTION 5(3)

Whichever is the greater of –

(1) The allowance mentioned in subsection (3) of section 5 of this Act; and

(2) That allowance divided by 7,000 and multiplied by the mid-point for the time being of the Nauruan AP7 scale."

"THIRD SCHEDULE

(Section 8A)

ALLOWANCE PAYABLE TO THE SPEAKER

Whichever is the greater of –

(1) the allowance mentioned in subsection (2) of section 6 of this Act; and

(2) That allowance divided by 8,800 and multiplied by the mid-point for the time being of the Nauruan AP7 scale."

"FOURTH SCHEDULE

(Section 8A)

ALLOWANCE PAYABLE TO THE DEPUTY SPEAKER

Whichever is the greater of –

(1) The allowance mentioned in subsection (3) of section 6 of this Act; and

(2) That allowance divided by 8,800 and multiplied by the mid-point for the time of the Nauruan AP7 scale."

"FIFTH SCHEDULE

(Section 8A)

SALARY PAYABLE TO THE PRESIDENT

Whichever is the greater of –

(1) The salary mentioned in subsection (1) of section 7 of this Act; and

(2) That salary divided by 8,800 and multiplied by the mid-point for the time being of the Nauruan AP7 scale."

"SIXTH SCHEDULE

(Section 8A)

SALARY PAYABLE TO A MINISTER OF THE CABINET

(1) The salary mentioned in sub-section (1) of section 8 of this Act; and

(2) That salary divided by 8,800 and multiplied by the mid-point for the time being of the Nauruan AP7 scale."

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